HB4138 EngrossedLRB104 15465 RLC 28623 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Code of Criminal Procedure of 1963 is 
5amended by changing Section 108-10 as follows:
 
6    (725 ILCS 5/108-10)  (from Ch. 38, par. 108-10)
7    Sec. 108-10. Return to court of things seized.  
8    (a) A return of all instruments, articles or things seized 
9shall be made without unnecessary delay before the judge 
10issuing the warrant or before any judge named in the warrant or 
11before any court of competent jurisdiction. 
12    (b) Telecommunications carriers shall return all 
13electronic instruments, articles, or things within 7 business 
14days. If the judge issuing the warrant finds exigent 
15circumstances exist, the return of the electronic instruments, 
16articles, or things shall be as soon as possible. For the 
17purposes of this subsection (b), "exigent circumstances" means 
18circumstances involving the immediate risk of harm to an 
19individual, imminent danger to the community, or risk of 
20flight from the jurisdiction by a suspect. The judge issuing 
21the warrant shall make a finding of applicability of this 
22subsection and shall enter a reference to this subsection upon 
23the warrant. 
 
 
HB4138 Engrossed- 2 -LRB104 15465 RLC 28623 b

1    (c) Telecommunications carriers shall not charge a fee for 
2production of the electronic instruments, articles, or things 
3listed in the search warrant. 
4    (d) An inventory of any instruments, articles or things 
5seized shall be filed with the return and signed under oath by 
6the officer or person executing the warrant. The judge shall 
7upon request deliver a copy of the inventory to the person from 
8whom or from whose premises the instruments, articles or 
9things were taken and to the applicant for the warrant.
10     (e) As used in this Section, "telecommunications carrier" 
11has the meaning given to that term in Section 13-202 of the 
12Public Utilities Act. 
13    (f) This amendatory Act of the 104th General Assembly does 
14not affect the ability of a law enforcement agency to obtain 
15information under the Freedom From Location Surveillance Act. 
16(Source: Laws 1963, p. 2836.)